MOHD SULTAN BHAT Vs. MUGHLI

JUDGEMENT

(1.) THIS is a revision petition against the order of the 1st.Addl. Munsiff, Magistrate 1st Class, Srinagar, dated 14 -6 -1976 and of the Sub Judge, CJM, Srinagar, dated 22 -11 -1976, in a case under Section 406 R. P. C.

(2.) THE trial magistrate has ordered that the property seized by the police during the investigation be kept in the custody of the complainant. A revision petition was filed before the CJM. Srinagar, who confirmed the order of the trial Magistrate. The petitioner feels that he has an occasion to feel aggrieved by this order and he has, therefore, come up in revision before this court. The main grounds upon which the order of the trial court is assailed are: -

(3.) SHRI J. L. Chowdhry. appearing for the petitioner has argued this petition. He has contended that the police cannot seize any property during investigation under Section 202 Cr. P. C. When a case is sent by a Magistrate to the Police under section 202 Cr. P. C. for report the primary function of the police is to submit its report. The police cannot exercise these very powers which it has otherwise in conducting investigator under Chapter XIV of the Code of Criminal Procedure. In view of this, it is urged that the action of the police in seizing these articles was illegal. It is further submitted that the trial magistrate could not keep the articles in custody of the complainant and that the magistrate had exercised his power under Section 516 -A in a slip shod manner and arbitrarily little knowing that the order would do incalculable harm to the interests of the petitioner.